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Bangladesh Technical Education Board Vs. Md. Anamul Haque and others, 2010, 39 CLC (AD)

.... of the Paper book is dis­pensed with as prayed for. The order of status quo granted earlier be extended till disposal of the appeal. Ed. This Case is also Reported in: VIII ADC (2011) 725. ...... 5. We have heard the learned counsel for the petitioners and the learned counsel appearing for the caveators. It is contend on behalf of the petitioners that the High Court Division erred in law in holding that the writ petition­ers have legitimate expectation to be appoint­ed against the advert..

Category: Employment/Service Law | Date: | Hits: 133

Rafiqul Hossain @ Ranaesh and another Vs. Lal Mohan Saha and others, 1991, 20 CLC (HCD)

....trial Court passed the order of the attachment of the property. 9. In the result, the Rule is made absolute. No order as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 718. ......‘7, came to the conclusion: "From the evidences of P.Ws. 5‑7 we do not find anything which might lead the Court to disbelieve the contention of the plaintiff-­petitioner respondent." Upon so holding it further concluded that on the face of admission of P.W. 4 and P.Ws. 5‑7 who were good m..

Category: Criminal Law | Date: | Hits: 90

Kibria and Associates Ltd. Vs. Bangladesh Agricultural Development Corporation, 1992, 21 CLC (HCD)

....ters at rest arising out of the situation like the present one. In the result, we allow this appeal without any order as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 712. ......ters at rest arising out of the situation like the present one. In the result, we allow this appeal without any order as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 712. ..

Category: Alternative Dispute Resolution | Date: | Hits: 156

Inspector of Schools, Board of Secondary and Higher Secondary Education, Dhaka and others Vs. Managing Committee, Khashmahal Balurchar High School and others, 2003, 32 CLC (HCD)

....defendants under Order VII, rule 11 of the Code of Civil Procedure is allowed. The plaint of title Suit No.12 of 2002 is hereby rejected. Ed. This Case is also Reported in: 57 DLR (2005) 34. ......y the Board or by any committee created under the Ordinance. The application was resisted by the plaintiff-opposite parties. The learned Assistant Judge by the impugned order rejected the application holding that civil Court has jurisdiction to see as to whether show cause notice was issued in accor..

Category: Employment/Service Law | Date: | Hits: 66

AKM Haroon‑or‑Rashid & another Vs. AKM Mostafa Kamaluddin and others, 2001, 30 CLC (HCD)

....e of receipt of the judgment. Let a copy of the judgment be communicated to the learned Assistant Judge concerned immediately. Ed. This Case is also Reported in: 57 DLR (2005) 29.  ......€‘9-­1990 passed by the learned Assistant Judge, 5th Court, Dhaka in Title Suit No.80 of 1998 rejecting the application filed by defendant-petitioners for fixing valuation of the suit property after holding an inquiry under section 8C of the Court-Fees Act. 2. Opposite party Nos. 1 to 4 as plain..

Category: Civil Law | Date: | Hits: 68

Emdadul Hoque Vs. State, 2004, 33 CLC (HCD)

....n. Send down the LC records along with a copy of this judgment to the trial Court concerned immediately for information and necessary action. Ed. This Case is also Reported in: 57 DLR (2005) 21. ......ged on the self‑same date whereupon the aforesaid police station case was started. 3. Police took up investigation, prepared inquest report of the dead body of deceased and sent it to morgue for holding post‑mortem examination, visited the place of occurrence and prepared sketch-map with sepa..

Category: Criminal Law | Date: | Hits: 76

Abdus Salam (Md) Vs. University of Rajshahi & others, 2004, 33 CLC (HCD)

....erty to proceed against the petitioner in accordance with law. In the result, this Rule is made absolute but without any order as to costs. Ed. This Case is also Reported in: 56 DLR (2004) 441. ......n­-Opposition, sworn on 18‑2‑2002, submits that the authorities of the Rajshahi University meticulously followed the requirements of law contained in sub­section (3) of section 55 of the Act in holding as many as 3 enquiries and found him guilty of the charges as specifically spelt out in the ..

Category: Employment/Service Law | Date: | Hits: 60

Afzal Hossain Vs. Chief Election Commis­sioner and others, 1992, 21 CLC (HCD)

....en objection against the candidature and nomination paper of respondent No.8 namely Mohiuddin Sikder Babul with the statement alleging that the said Mohiuddin Sikdar took an amount of Taka 6000.00 as agricultural loan on 11.1.92 from Krishi Bank on condition for repayment of the same with interest w......f mob violence at the time of counting of votes and ordered a repoll for the whole. The Supreme Court of India held that such an order under compulsion of circumstances can be saved under Article 324 holding that when the provisions of the Representation of People Act is silent without any direction..

Category: Election Law | Date: | Hits: 153

Mozibar Rahman Molla (Md) and another Vs. Rehazuddin and others, 2003, 32 CLC (HCD)

....ons made in this judgment. Send down a copy of this judgment along with the Lower Courts Record to the trial Court at once for compliance. Ed. This Case is also Reported in: 56 DLR (2004) 427.......o.140 of Mouja Vulta under police station Rupganj within the district of Narayanganj. 3. The case of the pre‑emptor, in brief, is that the pre‑emptors are co-sharers by inheritance in the case holding, and that the opposite party No.4 without serving any notice under section 89 of the State A..

Category: Property Law | Date: | Hits: 98

Ziaul Hoque alias Bakul Vs. Md Sirajul Islam and others, 2002, 31 CLC (HCD)

.... election for the post of Chairman of No.15 North Ichapur Union Parishad immediately in accordance with law. Send down the records at once. Ed. This Case is also Reported in: 56 DLR (2004) 424. ......ving been shown as 25 years, the said entry could not be challenged and, as such, the Appellate Tribunal committed error of law resulting in an error in the decision occasioning failure of justice in holding that the present­ petitioner failed to prove that he attained the age of 25 years. In suppo..

Category: Election Law | Date: | Hits: 156

KM Fazlul Haque Vs. Chairman, Bangladesh Agricultural Development Corporation and another, 1996, 25 CLC (HCD)

....tainable, we do not think it is necessary to consider other grounds. In the result, the Rule is discharged with no order as to costs. Ed. This Case is also Reported in: 49 DLR (HD) (1997) 27. ...... his part and claimed that he was innocent of the charges and prayed for personal hearing so that he might be exonerated of the charges (Annexure‑G). 5. The Inquiry Officer fixed 14‑5‑81 for holding inquiry. It is alleged by the petitioner that during the inquiry, the Inquiry Officer record..

Category: Criminal Law | Date: | Hits: 78

Mokbul Ahmed Vs. Shamsul Rashid and others, 1996, 25 CLC (HCD)

....in Civil Revision No.250 of 1991 for stay has become infructous and the same is, accordingly, discharged without any order as to costs. Ed. This Case is also Reported in: 49 DLR (HD) (1997) 18. ......ended. The appellant accordingly prayed for recalling the said order of enrolment treating the property to be a Waqf property. The Waqf administrator heard the same application and dismissed the same holding that the property is a Waqf property though he made certain redundant remarks directing the ..

Category: Trust/Waqf Law | Date: | Hits: 165

Syed Khalilulla Salik alias Juned Vs. Haji Md. Rahmat Ullah, 1995, 24 CLC (HCD)

....ceeding of CR Case No.224 of 1988 pending in the Court of Magistrate, 3rd class, Sadar, Sylhet is quashed. Send back the LC records. Ed. This Case is also Reported in: 49 DLR (HD) (1997) 16. ......allah Mosque Committee and the accused petitioner was the Secretary of that committee. On 18‑8‑88 at about 8‑00 PM the accused petitioner came to the house of the complainant and on the plea of holding a meeting of the mosque committee on 28‑8‑88 took his signature on a white paper but no ..

Category: Constitutional Law | Date: | Hits: 169

Abu Bakkar Siddique Vs. Justice Shahabuddin Ahmed and others, 1996, 25 CLC (HCD)

.... of the Constitution for preferring an appeal before the Appellate Division against our judgment. There will be no order as to costs. Ed. This Case is also Reported in: 49 DLR (HD) (1997) 1. ...... the schedule of election to the office of President Bangladesh outlining the time of election, filing of nomination papers, scrutiny of nomination papers, withdrawal of nomination papers and lastly, holding the election on 1st of August, 1996. Retired Chief Justice Shahabuddin Ahmed being a candida..

Category: Constitutional Law | Date: | Hits: 200

Government of Bangladesh and others Vs. Mohammad Alamgir Hossain and others, 2011, 40 CLC (AD)

.... the respondents are also directed to file concise statements by 3rd April, 2011. The appeals are fixed for hearing on 25th April, 2011. Ed. This Case is also Reported in: VIII ADC (2011) 702. ...... the respondents are also directed to file concise statements by 3rd April, 2011. The appeals are fixed for hearing on 25th April, 2011. Ed. This Case is also Reported in: VIII ADC (2011) 702. ..

Category: Property Law | Date: | Hits: 57

Mosammat Manikjan Bibi Vs. Md. Jalil alias Abdul Jajil and others, 2011, 40 CLC (AD)

....nd reversed the judgment and order passed by the appellate Court. We find no substance in this petition which is accordingly dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 695. ......ntested by both the pre-emptees who were opposite party Nos. 1 and 2 in the pre-emption petition by filing a written objection. Their case, in short, is that pre-emptor is not a co-sharer in the case holding. The case land apper­tains to S.A. Khatian No.18 and seller Nowab Ali got his name mutated ..

Category: Property Law | Date: | Hits: 58

Md. Shajahan and others Vs. The Secretary, represented by the Ministry of Law, Justice and Parliamentary Affairs and others, 2011, 40 CLC (AD)

....lant shall submit the concise statements by 12th April, 2011 and 1(one) week thereafter the respondent will file the concise statements. Ed. This Case is also Reported in: VIII ADC (2011) 685. ......lso not at all spelt out in the order of the executing Court. Mr. M. Amirul Islam has further contended that the decree-holder and the auction purchaser acted malafide in collusion with each other in holding the auction of the scheduled prop­erty inasmuch as in making the advertise­ment for sale, ..

Category: Property Law | Date: | Hits: 48

Md. Shamsul Hoque Vs. Md. Jabbar and another, 2011, 40 CLC (AD)

....epare the paper book out of court in accordance with Rules. The order of stay granted earlier be extended till disposal of the appeal. Ed. This Case is also Reported in: VIII ADC (2011) 673. ......ieved by this judgment and order of the Appellate Court the defendant No.1 preferred Civil Revision No.2294 of 2009 but the revisional court also upheld the judgment and decree of the Appellate Court holding the same view and making observation to the effect that possession on the basis of unregiste..

Category: Property Law | Date: | Hits: 76

Rupali Jute Baling Ltd. Vs. Agrani Bank, 1991, 20 CLC (HCD)

....result, this rule in discharged without any order as to cost. The appeal being FAT No.567/1989 is dismissed being barred by limitation. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 232.......en objection in the said Miscellaneous case on 21.5.89. The said review petition was heard on contest on 16.11.89 and after hearing of the matter the court dismissed the said petition filed on review holding, inter alia, that admittedly the appeal is pending and when an appeal is pending, the review..

Category: Procedural Law | Date: | Hits: 111

Mir Amanullah Vs. Mohammad Sharif and others, 1991, 20 CLC (HCD)

....ptible and the application for pre‑emption is allowable. In the result, the Rule is made absolute without any order as to costs. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 228. ......e‑emption case on the finding that the transfer in question was Heba-bil-ewaj and within 3 degrees of the transferor and the lower appellate Court affirmed the dismissal order of the trial Court by holding that such transfer is protected from pre‑emption as being within the three decrees of cons..

Category: Property Law | Date: | Hits: 75